TITLE 13
Criminals – Correctional Institutions

CHAPTER 13-6
Loss of Rights by Prisoners

SECTION 13-6-2.1


§ 13-6-2.1 Suspension from public office upon conviction – Forfeiture of office upon exhaustion of appeals.

(a) Every person who, while holding elective public office, is convicted of a felony and has exhausted all appeals shall forfeit that public office. The public office shall automatically become vacant by operation of law at the time when the conviction becomes final. The vacancy in office so created shall be filled in accordance with law.

(b) Every person who, while holding elective public office, is convicted of a felony shall be suspended by operation of law from the performance of all official duties until that public official's legal status is finally determined. While under suspension, that person shall not receive any salary and/or benefit associated with the public office.

(c) If the conviction which prompted the suspension is overturned on appeal, the official shall receive any salary and/or benefit which was withheld.

(d) During the suspension, the duties of the office shall be assumed by the person, if any, who is empowered to assume those duties in the event of the disability of the officeholder.

History of Section.
(P.L. 1985, ch. 418, § 1.)